BHAJNA v. SMT. RAMKO
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-08. BHAJNA v. SMT. RAMKO. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY th ON THE 8 OF JANUARY, 2024 MISC. CIVIL CASE No. 545 of 2023 BETWEEN:- BHAJNA S/O LATE SHRI NANDUA BAGHEL, AGED 80 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE MAMONI KALA TEHSIL KARERA DISTRICT SHIVPURI (MADHYA PRADESH) ..... APPLICANT (BY SHRI O. P. SHRIVASTAVA - ADVOCATE) AND 1. SMT. RAMKO W/O LATE SHRI GEBU R/O VILLAGE MAMONI KALA TEHSIL KARERA DISTRICT SHIVPURI (MADHYA PRADESH) 2. SMT. PREMA D/O LATE GEBU R/O MAMONI KALA TEHSIL KARERA DIST. SHIVPURI (MADHYA PRADESH) 3. SMT. PARWATI D/O LATE GEBU R/O MAMONI KALA TEHSIL KARERA DIST. SHIVPURI (MADHYA PRADESH) 4. RAJARAM S/O LATE GEBU R/O MAMONI KALA TEHSIL KARERA DIST. SHIVPURI (MADHYA PRADESH) 5. PEETAM S/O LATE GEBU R/O MAMONI KALA TEHSIL KARERA DIST. SHIVPURI (MADHYA PRADESH) 6. BADRI S/O LATE GEBU R/O MAMONI KALA TEHSIL KARERA DIST. SHIVPURI (MADHYA PRADESH) 7. THE STATE OF M. P.
THROUGH COLLECTOR DISTRICT SHIVPURI (MADHYA PRADESH) Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 09-01-2024 11:11:38 AM ..... RESPONDENTS (BY SHRI RAMADHAR CHOUBEY - GOVERNMENT ADVOCATE FOR RESPONDENT NO. 7/STATE) This application coming on for admission this day, the court passed the following: ORDER Heard on I. A. No. 1661/2023, an application under Section 5 of Limitation Act for condonation of delay. It is submitted that there is a delay of about 7 years in filing the present application. For the reasons stated in the application, same is allowed and delay is hereby condoned. Heard on the main application. This is an application for restoration of S. A. No. 375/2008, which stood dismissed for want of prosecution by this Court vide order dated 30. 07. 2015. I t is submitted by the counsel for the applicant that on the date of hearing, the counsel for the applicant was not well, therefore, he could not attend the Court.
It is settled in law that for the mistake of counsel, litigant should not be made to suffer due to fault of his counsel. Fo r the reasons assigned in the application, which is supported by an affidavit, sufficient cause is made out for restoration of S. A. No. 375/2008. Hence, the application is allowed and S. A. No. 375/2008 i s restored to its original number. A copy of this order be placed in the record of S. A. No. 375/2008. This M. C. C. stands disposed of accordingly. Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 09-01-2024 11:11:38 AM (ROOPESH CHANDRA VARSHNEY) JUDGE Adnan Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 09-01-2024 11:11:38 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.